Man beaten and robbed outside casino: Negligent security: Brain injuries: Verdict

Law Reporter, Dec 2003

PREMISES

Fuentes v. Trump Marina Hotel & Casino, N.J., Camden County Super. Ct., No. CAM-L-4934-00, Apr. 7, 2003.

Fuentes, 66, was walking into a casino when he was robbed and beaten on its outside walkway. Fuentes sustained severe, permanent brain injuries, leaving him with memory loss and other cognitive difficulties, and unable to walk or care for himself. A retiree before the incident, Fuentes now requires 24-hour care. His past medical expenses were paid by his insurer. His future medical expenses are estimated at $3 million.

Fuentes and his wife sued the casino, alleging negligent security. Plaintiffs alleged that there had been prior incidents of crime in the area, putting defendant on notice of the need for increased security. Fuentes's wife claimed loss of consortium.

A jury awarded $4.8 million, including $800,000 to Fuentes's wife.

Plaintiffs' experts were Norman D. Bates, parking lot maintenance, Sudbury, Mass.; David A. Rigle, pathology, Syracuse, N.Y.; and Robert D. Voogt, life care planning, Virginia Beach, Va.

Defendant's experts were Frank T. Murphy, security, Cherry Hill, N.J.; and Edmond Provder, life care planning, Marlton, N.J.

Plaintiffs' Counsel

*Gregg A. Shivers, Cherry Hill, N.J.

Comment. For another case alleging a casino was liable for negligent security following an attack on its premises, see Selvaggio v. Harrah's Entm't, Inc., N.J., Atlantic County Super. Ct., No. ATL-0071-99, Nov. 21, 2002. In this case, a woman was murdered in the parking lot of the casino where she worked. Her brothers filed suit against the casino for her wrongful death, alleging negligent security practices. A jury awarded approximately $12.59 million, including $7 million in punitive damages. *John D. Borbi, Cherry Hill, N.J., represented plaintiffs in this case.